MPTC BRIDGE CRIMINAL LAW STUDY GUIDE
Direct Evidence - Answer -Based on personal knowledge or observations direct
evidence is true proves a fact without the need for inferences are presumptions
example video surveillance a witness who saw suspect strike the victim of assault and
battery
Circumstantial Evidence - Answer -Testimony not based on actual personal knowledge
or observation of facts in controversy but have other facts from which deductions are
drawn showing indirectly the facts sought to be proved (black dictionary) example
suspects fingerprints at scene of a robbery jury can conclude the suspect was in the
store at some point but print is not direct evidence that suspect committed the robbery
Testimonial Evidence - Answer -Evidence may be direct or circumstantial include
statements made by victims, witnesses, suspect or police those statements may consist
of personal observations knowledge or may involve the communication of information
from which one may infer facts
Exculpatory evidence - Answer -Refer to evidence including statements which are
helpful to defense this includes information that the defendant stories calls into question
immaterial element of the commonwealth version of events or challenges the credibility
of a witness for the prosecution. Due process of law requires the government disclose
to a criminal suspect favorable evidence in its possession that could materially aid the
defense against the judges
relevant evidence - Answer -Evidence is relevant if it has any tendency to make a fact
more or less probable than it would be without the evidence and the fact is of
consequence in determining the action
reliable evidence - Answer -The value of physical evidence is directly related to a
reliable chain of custody physical evidence that has been tampered with is not reliable it
is important that physical evidence presented in court be in substantially the same
condition as it was when originally seized by police. Chain of custody is important a
reliable chain of custody shows every person who came in direct contact with the
evidence either through collection storage or analysis
Chain of custody should include - Answer -Date time location seized, officer who sees
the evidence, all dates times evidence received or transferred to another person, names
of all people who came in contact with evidence and full description of evidence for
positive identification
Physical Evidence - Answer -Evidence is tangible capable of being perceived
especially by sense of touch and may be direct or circumstantial physical evidence
includes objects property or items seized at crime scene or during searches
, General Intent - Answer -When the offender knowingly ask but does not necessarily
desire the consequences of the act general intent does not require offender to know
they are breaking the law
Definition of related intent continued - Answer -Reckless - if they know I should have
known their actions were likely to cause substantial harm but they ran the risk and did
so anyway
Wonton N conduct that suspect new would create a risk of substantial damage or
destruction to another property or conduct that a reasonable person would have
realized pose a risk of substantial damage to our destruction of another's property
Willful - voluntary knowingly deliberate intentional purposeful not accidental or
involuntary
Two types of crime classifications FELONY - Answer -Any crime punishable by
confinement in state prison or death is a felony
Two types of crime classifications MISDEMEANOR - Answer -Crimes that do not allow
for the option of confinement in a state prison
Statute of Limitations - Answer -The statue limitations for most crimes in
Massachusetts is six years. Statue of limitation deals with the amount of time to file
charges after crime has been committed
Statue of limitation examples - Answer -Murder - no time limit
Armed robbery-10 years
Rape - 15 years
Sexual assaults involving children - I have no time limit but any indictment or complaint
found in filed more than 27 years after the date of commission of such offense shall be
supported by independent evidence that cooperates the victims allegation.
Tolling statue of limitation - Answer -It's like pressing the pause button.
Suspect living outside mass any. When the suspect is not usually and publicly a
resident within the commonwealth shall be excluded in determining the time limit
Age of the victim -for certain sexual assault crimes against children the statue is tall and
the time does not count until the victim has reached 16 or the victim has reported to law-
enforcement which ever is earlier
Responsible parties - Answer -Responsibility is not limited to the person who commits
the crime. The people who willingly participate in the planning or execution of a crime or
interfere with offender apprehension after the fact can also be charged.
Direct Evidence - Answer -Based on personal knowledge or observations direct
evidence is true proves a fact without the need for inferences are presumptions
example video surveillance a witness who saw suspect strike the victim of assault and
battery
Circumstantial Evidence - Answer -Testimony not based on actual personal knowledge
or observation of facts in controversy but have other facts from which deductions are
drawn showing indirectly the facts sought to be proved (black dictionary) example
suspects fingerprints at scene of a robbery jury can conclude the suspect was in the
store at some point but print is not direct evidence that suspect committed the robbery
Testimonial Evidence - Answer -Evidence may be direct or circumstantial include
statements made by victims, witnesses, suspect or police those statements may consist
of personal observations knowledge or may involve the communication of information
from which one may infer facts
Exculpatory evidence - Answer -Refer to evidence including statements which are
helpful to defense this includes information that the defendant stories calls into question
immaterial element of the commonwealth version of events or challenges the credibility
of a witness for the prosecution. Due process of law requires the government disclose
to a criminal suspect favorable evidence in its possession that could materially aid the
defense against the judges
relevant evidence - Answer -Evidence is relevant if it has any tendency to make a fact
more or less probable than it would be without the evidence and the fact is of
consequence in determining the action
reliable evidence - Answer -The value of physical evidence is directly related to a
reliable chain of custody physical evidence that has been tampered with is not reliable it
is important that physical evidence presented in court be in substantially the same
condition as it was when originally seized by police. Chain of custody is important a
reliable chain of custody shows every person who came in direct contact with the
evidence either through collection storage or analysis
Chain of custody should include - Answer -Date time location seized, officer who sees
the evidence, all dates times evidence received or transferred to another person, names
of all people who came in contact with evidence and full description of evidence for
positive identification
Physical Evidence - Answer -Evidence is tangible capable of being perceived
especially by sense of touch and may be direct or circumstantial physical evidence
includes objects property or items seized at crime scene or during searches
, General Intent - Answer -When the offender knowingly ask but does not necessarily
desire the consequences of the act general intent does not require offender to know
they are breaking the law
Definition of related intent continued - Answer -Reckless - if they know I should have
known their actions were likely to cause substantial harm but they ran the risk and did
so anyway
Wonton N conduct that suspect new would create a risk of substantial damage or
destruction to another property or conduct that a reasonable person would have
realized pose a risk of substantial damage to our destruction of another's property
Willful - voluntary knowingly deliberate intentional purposeful not accidental or
involuntary
Two types of crime classifications FELONY - Answer -Any crime punishable by
confinement in state prison or death is a felony
Two types of crime classifications MISDEMEANOR - Answer -Crimes that do not allow
for the option of confinement in a state prison
Statute of Limitations - Answer -The statue limitations for most crimes in
Massachusetts is six years. Statue of limitation deals with the amount of time to file
charges after crime has been committed
Statue of limitation examples - Answer -Murder - no time limit
Armed robbery-10 years
Rape - 15 years
Sexual assaults involving children - I have no time limit but any indictment or complaint
found in filed more than 27 years after the date of commission of such offense shall be
supported by independent evidence that cooperates the victims allegation.
Tolling statue of limitation - Answer -It's like pressing the pause button.
Suspect living outside mass any. When the suspect is not usually and publicly a
resident within the commonwealth shall be excluded in determining the time limit
Age of the victim -for certain sexual assault crimes against children the statue is tall and
the time does not count until the victim has reached 16 or the victim has reported to law-
enforcement which ever is earlier
Responsible parties - Answer -Responsibility is not limited to the person who commits
the crime. The people who willingly participate in the planning or execution of a crime or
interfere with offender apprehension after the fact can also be charged.
